20190248 Ver 1_Buffer Approval Letter_20190724

ROY COOPER
Gaver•rux•
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
David E. Phillips III
8652 Valley Brook Drive
Raleigh, NC 27613
NORTH CAROLINA
Environmental Quality
July 24, 2019
DWR #19-0248
Wake County
Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS
Phillips Residence -8652 Valley Brook Drive, Raleigh
Dear Mr. Phillips:
You have our approval for the impacts listed below for the purpose described in your
application received by the Division of Water Resources (Division) on February 21 with
additional information received on July 23, 2019. Please note that you should -get any other
federal, state or local permits before, proceeding with your project, including those required by
(but not limited to) Sediment and Erosion Control, Non-Discharge,,and Water Supply
Watershed regulations. , This Authorization Certificate shall expire five (5) years from the date
of this letter.
This approval requires you to comply with the following conditions:
1. The following impacts are hereby.approved provided that all of the other specific and
general conditions of the Buffer Rules are met. No other impacts are approved, including
incidental impacts [15A NCAC 02B..0233(8)].
Type of Impact
Amount Approved
Amount Approved
(units)..
(units)
Permanent
Temporary
Buffers —Zone 2*
B1-, Retaining Wall
5,880 (square feet)
0 (square feet)
North Garolitta Departmer.it of'Errviror1rr,t:•rttAI QUaiity i Divisforr of'Wwer Resources
Ra1e1c1h Reyiaiai Office i 3600 Barrett Drive I fittleigh, Not- tlt C.aralfna'L76Q9
o`upariiauh ofdiwrcmm��rct wnt;q 919.791.4200

Phillips Residence
DWR #19-0248
BUFFER APPROVAL
Page 2 of 4
*Temporary Road impacts as depicted in the application must be restored within six months
of initial disturbance.
2. No Zone 1 Impacts
No impacts (except for "exempt" uses as identified within 15A NCAC 213 .0233) shall occur_ to
Zone 1 of the protected riparian buffers unless otherwise approved by the Division. No
impervious surfaces shall be added to Zone 1, unless otherwise approved by the Division.
i
3. Diffuse Flow
All stormwater must be directed and maintained as diffuse flow at non-erosive velocities
through the protected, stream buffers such that it will not re -concentrate before discharging
into a stream. [15A NCAC 02H .0506(b)(5)]
4. The permittee shall report to the Raleigh Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 0213 .0200] including
but not limited to sediment impacts, and any violation of state regulated .riparian buffer
rules [15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the
next business day if a weekend or holiday) from the time the applicant became aware of the
circumstances. A written submission shall also be provided within 5 business days of the
time the applicant becomes aware of the circumstances. The written submission shall
contain a description of the noncompliance, !and its causes; the period of noncompliance,
including exact dates and times, if the noncompliance has not been corrected, the
anticipated time compliance is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the
written `submission requirement on a case-by-case basis.
5. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of th,e impacts depicted in the Pre -Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur [15A NCAC 02H .0501
and .0502].
6. Protective Fencing
All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (example- orange fabric
fencing) prior to any land disturbing activities and must be maintained on the property until
the project phase is completed. _ [15A NCAC 02H .0506 (1p)(2) and (c)(2) and 15A NCAC
02H .0507 (c)]

Phillips Residence
DWR #19-0248
BUFFER APPROVAL
Page 3 of 4
7. This approval is for the purpose and design' described in your application. The plans and
specifications for this project are incorporated; by reference as' part of the Buffer
Authorization. If you change your project, you, must notify the Division -and you' may be
required to submit a new application'package.with the appropriate fee.: If the property is,
sold, the, -new owner must be given a copy of this approval letter and is responsible for,
complying with all.conditions. ['15A NCAC 02B .0507(d)(2)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5],
This Certification and Buffer Authorization can be contested as provided in Gen,eral'Statute
150B by filing a written petition for an administrative hearing to the Office of Administrative
Hearings (hereby known as OAH) within sixty (60) calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at (91-9) 431-3000 for information. A petition is considered filed when the original
and one (1). copy along with any applicable OAH filing fee is received in the.OAH,during normal
office hours (Monday through Friday between 8:00am and 5:00pm,'•excluding official state
holidays).
The petition may be faxed to the OAH at (919),431-3100, provided the original and one copy of .
the petition along with any applicable OAH filing fee.is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending- byFirst'Class Mail If sending via delivery service
via the US Postal Service: (e.g.. UPS, FedEx):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served, to Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

Please send one (1) copy of the petition to DWR:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DWR — 401 & Buffer Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Phillips Residence
DWR #19-0248
BUFFER APPROVAL
Page 4 of 4
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DWR — 401 & Buffer Permitting Unit
512 N. Salisbury Street
Raleigh, NC 27604
This letter completes the review of the Division under the Neuse Riparian Buffer Rules as
described in 15A NCAC 02B .0233. Please contact Stephanie Goss at 919-791-4256 or
[e-mail] if you have any questions or concerns.
Sincerely,
Karen Higgins
Supervisor, 401 & Buffer Permitting Branch
cc: DWR RRO 401/Buffer Authorization file
DWR 401 & Buffer Permitting Unit file
David Phillips via e-mail at [e-mail]